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MATTER OF GERSTER

284 A.D.2d 131 (2001)

726 N.Y.S.2d 90

In the Matter of the Estate of JOHN C. A. GERSTER, Deceased. JOHN W. GERSTER et al., Respondents; BLAIR ALLISON et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 7, 2001.

The showing made by appellants, the remainder beneficiary of the Trust and the executor of the estate of the lifetime income beneficiary of the Trust, was insufficient to create a question of fact as to whether the Trustees breached their duty of care to either the income beneficiary or the remainder beneficiary during the period covered by the current account, March 14, 1990 through October 31, 1998, or that any such breach of...

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